Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 16846 (GAU)

MD. SIRAJUL ISLAM v. THE STATE OF ASSAM

Bail Appln./2466/2025 · 2025-09-18

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010167852025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2466/2025 MD. SIRAJUL ISLAM S/O- MD. NUR ISLAM. R/O- NO.2 SONAPUR, P.O.- SONAPUR, P.S.- BIHPURIA, DIST.- LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. 2:ROHIMA KHATUN W/O- MD. ABDUL RAHMAN. R/O- NO.2 SONAPUR P.O.- SONAPUR PIN - 787054. P.S.- BIHPURIA DIST.- LAKHIMPUR.ASSAM Advocate for the Petitioner : MR M H AHMED, I AMIN Advocate for the Respondent : PP, ASSAM, MOTIUR RAHMAN (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 19.09.2025 1. Heard Mr. M.H Ahmed, learned counsel for the petitioner. Also heard Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam and Mr. Motiur Rahman, learned counsel appearing for respondent No. 2. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner in connection with Bihpuria P.S. Case No. 142/2025 under Sections 64 of the BNS, 2023 R/W Section 6 of the POCSO Act. 3. I have perused the Case Diary and there appears to be certain material discrepancies between the version of the victim before the Ld. Magistrate and that of the complainant as made in the FIR. 4. Mr. M.H Ahmed, learned counsel for the petitioner submits the FIR has been falsely lodged due to the refusal of the accused to marry the victim girl who was a minor. Further, the petitioner has already spent 69 days behind bars. 5. Considering the above circumstances, the prayer for bail is allowed on furnishing a bail bond of Rs. 20,000/- with 2(two) sureties of the like amount to the satisfaction of the Ld. Special Judge, POCSO, Lakhimpur under the following conditions : (i) The petitioner shall not approach the victim or her family members at any point of time. (ii) The petitioner shall cooperate with the investigation and appear before the I/O as and when called Page No.# 3/3 for. (iii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case. (iv) The petitioner shall not leave his place of residence without the permission of the Ld. Special Judge, POCSO, Lakhimpur. 6. Petition stands disposed of. 7. Send back the Case Diary. JUDGE Comparing Assistant